labor lawAdivision of labor law center

A number of the changes to the FMLA regulations that go into effect in January, 2009, favor the employer. These changes and clarifications were made after the U.S. Department of Labor received comments from employers and input from groups such as the Society of Human Resource Management or SHRM.

Under the new FMLA or Family and Medical Leave Act regulations, employees are entitled to use any paid leave, including sick leave, vacation and personal leave while on FMLA. However, in order to use the leave, the employee must follow the employers usual policy for requesting the paid time off – even if those requirements are more stringent than the FMLA notice requirements.

A major change under the new regulations establishes that employers can deny bonuses, awards or other payments to workers who have not met a specific goal due to FMLA leave.

The new regulations also address a few specialized situations encounted by the U.S. Department of Labor. For example, they permit employers to (more…)